DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
In response to the amendment received on 07/29/2025:
claims 1-20 are currently pending;
the objection to the specification is withdrawn in light of the amendments to the same;
the objections to claims 2 and 12 are withdrawn in light of the amendments to the same;
the 112(b) and 112(d) rejections to claim 3-13 are withdrawn in light of the amendment to the claims; and
all prior art grounds of rejection are maintained for at least the reasons as set forth herein.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2, 4-13 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Hertfort et al. (US 2012/0055376 A1) (“Herfort” hereinafter) in view of Fuchs et al. (DE 10 2010 061 456 A1) (“Fuchs” hereinafter) and Gasafi et al. (US 2014/0000491 A1) (“Gasafi” hereinafter); as evidenced by Agico cement (All the things about cement clinker calcination in cement production process, 2019) (“Agico” hereinafter) with respect to claims 1-2, 4-6, 8, and 10-13.
Regarding claim 1, Herfort teaches a method for producing a cement comprising a milled cement clinker and a supplementary cementitious material (see Herfort at [0021] teaching the present disclosure relates to a method of producing a cement comprising Portland cement clinker and a supplementary cementitious material). The Portland cement clinker is taken to meet the claimed “a milled cement clinker”,
wherein the method comprises the steps of:
producing the milled cement clinker by a clinkerization process, comprising the steps of calcining and subsequently milling a limestone-based raw material (see Herfort at [0021] teaching the present disclosure relates to a method of producing a cement comprising Portland cement clinker). Portland cement is taken to meet the claimed recitation because Portland cement is a calcined and milled limestone-based raw material, as evidenced by Agico (see Agico at page 2, section cement production process, paragraph 2 evidencing the cement production processes mainly include raw material crushing and storage, raw material proportioning and grinding, clinker calcination, clinker grinding, cement packing… portland cement is the most widely used cement in our daily life… it is made from a variety of raw materials… limestone is the main one, accounting for 83% of the raw materials);
producing the supplementary cementitious material by calcining a raw material of the supplementary cementitious material at a distinct calcining temperature of less than 980oC (see Herfort at [0020] teaching the supplementary cementitious material comprises a heat treated clay material… wherein the clay material has been heat treated, and Hertfort at [0046] teaching heat treated clay material is calcined clay… the calcined clay has been calcinated at a temperature between 400o C and 900o C). A temperature between 400o C and 900o C overlaps with the claimed a temperature of less than 980oC (see MPEP 2144.05(I))); and
blending the milled cement clinker and the supplementary cementitious material (see Herfort at [0021] teaching a supplementary cementitious material comprising the steps of a) providing a carbonate material and a clay material, b) heating a mixture… and c) blending the mixture with a Portland cement clinker);
wherein the method is a continuous process comprising the step of calcining the raw material of the supplementary cementitious material in a kiln (see Herfort at [0056] teaching the clay material has been heat treated in a… rotary kiln). With respect to the claimed continuous process, MPEP states that “the court held the claimed continuous operation would have been obvious in light of the batch process of the prior art” (see MPEP 2144.04.V.E.). In this instance, Herfort teaches a calcination step in a kiln, the step of calcining the raw material of the supplementary cementitious material in a kiln would have resulted in a calcined clay. Claiming the step as continuous would still result in a calcined clay. As such, it is obvious in the absence of new or unexpected results, for one of ordinary skill in the art before the effective filing date of the claimed invention, that the claimed the step of calcining the raw material of the supplementary cementitious material in a kiln is a continuous process, would result in a calcined clay, and is not sufficient to distinguish over Herfort).
Hertfort does not explicitly teach i) wherein the raw material of the supplementary cementitious material has an average particle size of 1 to 300 mm, and ii) the kiln has a separate heating unit and/or combustion unit.
With respect to i), like Herfort, Fuchs teaches a method of producing a cement comprising calcined clay (see Fuchs at [0019] teaching a fine-grained clay material in two variants is obtained by an advantageous, synergistic combination of the physical and thermal treatment of a raw clay material (or: clay-containing raw material), which, when added to a… cement… brings about a surprising improvement in the properties with regard to the compressive strength of the set building material, in particular concrete, mortar or sand-lime brick, as well as with regard to the workability, in particular the cohesion, of the not yet set building material mixture, in particular the fresh concrete or wet mortar). Fuchs also teaches (ii) firing the coarsely crushed raw clay material at firing temperatures in a temperature range of 650°C to 950°C (see Fuchs at [0020]), which overlaps with the calcination temperature between 400o C and 900o C as taught by Herfort (see Hertfort at [0046]).
Fuchs further teaches to produce a first variant of the fine-grained clay material, the method according to the invention is as follows: (i) coarse crushing, in particular breaking, of a raw clay material such that at least 90%... of the particles have a particle size of at most 100 mm… and/or that at least 90%... of the particles have a particle size of at least 1 mm (see Fuchs at [0020]). Raw clay material with a particle size of 1 mm to 100 mm meets the claimed i) wherein the raw material of the supplementary cementitious material has an average particle size of 1 to 300 mm (see MPEP 2144.05(I)).
Furthermore, Fuchs teaches this variant (referring to the first variant) is based, among other things, on the idea of firing a raw clay material that has only been coarsely crushed in a special way according to process step (i) at relatively low temperatures according to process step (ii)… during firing, reactive phases are formed in the relatively large clay particles due to the selected firing temperatures between 650°C and 950°C and due to the temperature gradients in the particles, and reactive phases already contained remain at least partially intact… this results in a reactive fine-grained mixture of materials during the subsequent fine comminution according to process step (iii) which has improved binding properties, which in particular lead to higher compressive strength… the physical coarse structure of the raw clay material to be fired in synergy with the specially selected firing temperatures produces the advantages mentioned (see Fuchs at [0021]).
As such, one of ordinary skill in the art would appreciate that Fuchs teaches that raw clay material with a particle size of 1 mm to 100 mm, calcined at temperatures between 650°C and 950°C results in a reactive fine-grained mixture of materials during the subsequent fine comminution which has improved binding properties leading to higher compressive strength, and seek those advantages by coarsely crushing with a particle size of 1 mm to 100 mm as taught by Fuchs the raw clay material in the supplementary cementitious material comprising a clay material as taught by Herfort before calcination.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to coarsely crush with a particle size of 1 mm to 100 mm as taught by Fuchs the raw clay material in the supplementary cementitious material comprising a clay material as taught by Herfort before calcination at temperatures between 650°C and 950°C so as to result in a reactive fine-grained mixture of materials during the subsequent fine comminution which has improved binding properties leading to higher compressive strength.
With respect to ii), as mentioned, Herfort does not explicitly teach ii) the kiln has a separate heating unit and/or combustion unit.
Like Herfort, Gasafi teaches calcining the clay by thermal treatment in a furnace at a temperature of 600 to 1000o C (see Gasafi at [0013]). A temperature of 600 to 1000o C overlaps with the calcination temperature between 400o C and 900o C as taught by Herfort (see Hertfort at [0046]). Gasafi further teaches comminuting clay to a grain size < 2 mm (see Gasafi at [0012]), which overlaps with coarsely crushed clay having a particle size of 1 to 100 mm (see Fuchs at [0020]). Like Herfort and Fuchs, Gasafi teaches a kiln (see Gasafi at [0026] teaching the calcination in step c) is effected in… a rotary kiln). Gasafi further teaches necessary process heat is provided by the combustion of a fuel, such as natural gas, petroleum or waste fuels… this is effected in an external combustion chamber, wherein the combustion product produced is used for carrying out the thermal treatment in step c) and/or d) (see Gasafi at [0027]). External combustion chamber is taken to meet the claimed ii) the kiln has a separate… combustion unit.
As such, one of ordinary skill in the art would appreciate that Gasafi teaches an external combustion chamber wherein the necessary process heat is provided during the calcination step effected by a rotary kiln, and seek those advantages by using an external combustion chamber in the clay calcination step as taught by Herfort.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to use an external combustion chamber as taught by Gasafi in the clay calcination step as taught by Herfort so as to provide the necessary process heat during the calcination step effected by a rotary kiln.
Regarding claim 2, Herfort in view of Fuchs and Gasafi teaches the limitations as applied to claim 1 above, and Herfort further teaches wherein… the milling of the calcined raw material of the supplementary cementitious material and the milling of the cement clinker are conducted separately, followed by mixing the milled components (see Herfort at [0066] teaching in yet another aspect, the present invention relates to a method of producing a cement comprising Portland cement clinker and a supplementary cementitious material… optionally any of the individual constituents may be ground separately before blending in which case each of the constituents).
Regarding claim 4, Herfort in view of Fuchs and Gasafi teaches the limitations as applied to claim 1 above, and Herfort further teaches wherein the calcining of the raw material of the supplementary cementitious material is conducted at temperature selected from the group consisting of… 500 to 980oC (see 112 rejection for claim interpretation, see Hertfort at [0046] teaching heat treated clay material is calcined clay… the calcined clay has been calcinated at a temperature between 400o C and 900o C (see MPEP 2144.05(I))).
Regarding claim 5, Herfort in view of Fuchs and Gasafi teaches the limitations as applied to claim 1 above, and Fuchs further teaches wherein the raw material of the supplementary cementitious material has an average particle size selected from the group consisting of… 5 to 250 mm (see Fuchs at [0020] teaching to produce a first variant of the fine-grained clay material, the method according to the invention is as follows: (i) coarse crushing, in particular breaking, of a raw clay material such that at least 90%... of the particles have a particle size of at most 100 mm… and/or that at least 90%... of the particles have a particle size of at least 1 mm (see MPEP 2144.05(I))).
Regarding claim 6, Herfort in view of Fuchs and Gasafi teaches the limitations as applied to claim 1 above, and Herfort further teaches wherein the content of the supplementary cementitious material in the cement is selected from the group consisting of… 1 to 50 wt% based on the overall weight of the cement (see Herfort at [0051] teaching the cement of the present invention may comprise 5 to 90%... of the supplementary cementitious material (see MPEP 2144.05(I))).
Regarding claim 7, Herfort in view of Fuchs and Gasafi teaches the limitations as applied to claim 1 above, and Fuchs further teaches wherein a calcining retention time of the raw material of the supplementary cementitious material at the calcining temperature is selected, depending on the particle size of the raw material of the supplementary cementitious material (see Fuchs at [0020] teaching to produce a first variant of the fine-grained clay material, the method according to the disclosure is as follows: (i) coarse crushing, in particular breaking, of a raw clay material such that at least 90%... of the particles have a particle size of at most 100 mm and… at least 90%... of the particles have a particle size of at least 1 mm… (ii) firing the coarsely crushed raw clay material at firing temperatures in a temperature range of 650°C to 950°C, see Fuchs at [0022] teaching to produce a second variant of the clay material, the method according to the disclosure is as follows: (i) firing a raw clay material at firing temperatures in a temperature range of 1000°C to 1300°C, see Fuchs at [0023] teaching here, the raw clay material is fired at higher firing temperatures according to process step (i), whereby the physical preparation of the raw clay material before firing is not so important, so a wide variety of grain sizes is possible), which is taken to meet the claimed limitations because one of ordinary skill in the art would appreciate that there are two variants of clay with two different particle sizes and are calcined at two different calcining temperatures.
Regarding claim 8, Herfort in view of Fuchs and Gasafi teaches the limitations as applied to claim 1 above, and Fuchs further teaches wherein the method further comprises a step of crushing the raw material of the supplementary cementitious material prior to calcining (see Fuchs at [0020] teaching to produce a first variant of the fine-grained clay material, the method according to the invention is as follows: (i) coarse crushing, in particular breaking, of a raw clay material… (ii) firing the coarsely crushed raw clay material).
Regarding claim 9, Herfort in view of Fuchs and Gasafi teaches the limitations as applied to claim 1 above, and Fuchs further teaches wherein the method further comprises a step of screening the raw material of the supplementary cementitious material prior to calcining, wherein the raw material of the supplementary cementitious material is separated in at least two fractions, which differ in their average particle sizes, wherein one of the fractions is used for calcining (see Fuchs at [0020] teaching to produce a first variant of the fine-grained clay material, the method according to the disclosure is as follows: (i) coarse crushing, in particular breaking, of a raw clay material such that at least 90%... of the particles have a particle size of at most 100 mm and… at least 90%... of the particles have a particle size of at least 1 mm… (ii) firing the coarsely crushed raw clay material at firing temperatures in a temperature range of 650°C to 950°C, see Fuchs at [0022] teaching to produce a second variant of the clay material, the method according to the disclosure is as follows: (i) firing a raw clay material at firing temperatures in a temperature range of 1000°C to 1300°C, see Fuchs at [0023] teaching here, the raw clay material is fired at higher firing temperatures according to process step (i), whereby the physical preparation of the raw clay material before firing is not so important, so a wide variety of grain sizes is possible), which is taken to meet the claimed limitations because one of ordinary skill in the art would appreciate that there are two variants/fractions of clay screened for clay composition with different sizes. Both fractions are calcined, which meets the claimed wherein one of the fractions is used for calcining.
Regarding claim 10, Herfort in view of Fuchs and Gasafi teaches the limitations as applied to claim 1 above, but Herfort does not explicitly teach wherein the method further comprises a step of storing and/or preheating the raw material of the supplementary cementitious material prior to calcining. However, Gasafi teaches to make the calcination in step c) more economic, the clay is preheated in one or more preheating stages in accordance with the disclosure prior to the calcination (see Gasafi at [0029]), which is taken to meet the claimed wherein the method further comprises the step of… preheating the raw material of the supplementary cementitious material prior to calcining.
As such, one of ordinary skill in the art would appreciate that Gasafi teaches that clay is preheated prior to the calcination so as to make the calcination in step more economical, and seek those advantages by preheating the supplementary cementitious material comprising clay as taught by Herfort.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to add a preheating step for the clay prior to the calcination as taught by Gasafi in the supplementary cementitious material comprising clay as taught by Herfort so as to make the calcination in step more economical.
Regarding claim 11, Herfort in view of Fuchs and Gasafi teaches the limitations as applied to claim 1 above, and Herfort further teaches wherein the kiln is a… rotary kiln (see Herfort at [0056] teaching the clay material has been heat treated in a… rotary kiln).
Regarding claim 12, Herfort in view of Fuchs and Gasafi teaches the limitations as applied to claims 1 and 12 above, and Gasafi further teaches wherein the separate heating unit comprise a device selected from the group consisting of… an electric furnace (see Gasafi at [0026] teaching the calcination in step c) is effected in… a fluidized-bed reactor, see Gasafi at [0152] teaching the reactor comprises a steel tube… the reactor shell contains three independently controlled electric heating systems… electrically heated). The fluidized-bed reactor heated electrically is taken to meet the claimed furnace.
Regarding claim 13, Herfort in view of Fuchs and Gasafi teaches the limitations as applied to claim 1 above, but Herfort does not explicitly teach wherein the method further comprises a step of cooling the supplementary cementitious material after calcining. However, Gasafi teaches the clay is calcined… thermally treated under reducing conditions… so as to form a reduction product… the reduction product is intermediately cooled… and finally cooled (see Gasafi at Abstract). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to cool the calcined clay (or supplementary cementitious material) as taught by Gasafi, in the absence of new or unexpected results, so as to form a cooled calcined clay (or supplementary cementitious material); thus, meeting the claimed “wherein the method further comprises a step of cooling the supplementary cementitious material after calcining”.
Regarding claim 16, Herfort in view of Fuchs and Gasafi teaches the limitations as applied to claims 1 and 8 above, and Fuchs teaches wherein the step of crushing the raw material of the supplementary cementitious material prior to calcining is performed by a device selected from the group consisting of… a jaw crusher (see Fuchs at [0033] teaching in principle, any known crusher or shredding machine enables such comminution and reduction of particle size… a jaw crusher).
Regarding claim 17, Herfort in view of Fuchs and Gasafi teaches the limitations as applied to claims 1 and 9 above, but Herfort and Fuchs do not explicitly teach wherein the step of screening is performed by a device selected from the group consisting of a trommel screen, a vibrating screen, an air sieve, or a combination thereof.
However, Gasafi teaches the particle size distribution was determined with a screen tower in conjunction with an air-swept screen (see Gasafi at [0151]), which is taken to meet the claimed “wherein the step of screening is performed by a device selected from the group consisting of… an air sieve”. It is within the ability of one skilled in the art, with the benefit of the teachings of Gasafi to choose an appropriate screening device, absent new and unexpected results, in the method as taught by Herfort.
Regarding claim 18, Herfort in view of Fuchs and Gasafi teaches the limitations as applied to claims 1 and 11 above, and Herfort further teaches wherein the combustion unit comprises a device selected from the group consisting of… a rotary kiln (see Herfort at [0056] teaching the clay material has been heat treated in a… rotary kiln).
Regarding claim 19, Herfort in view of Fuchs and Gasafi teaches the limitations as applied to claims 1 and 13 above, and Gasafi further teaches wherein the cooling is conducted with gas containing… 0% oxygen (see Gasafi at [0023] teaching the intermediate cooling of the reduction product in step e) is effected under oxygen exclusion). Oxygen exclusion is taken to meet the claimed 0% oxygen.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Hertfort et al. (US 2012/0055376 A1) (“Herfort” hereinafter) in view of Fuchs et al. (DE 10 2010 061 456 A1) (“Fuchs” hereinafter); as evidenced by Agico cement (All the things about cement clinker calcination in cement production process, 2019) (“Agico” hereinafter) with respect to claim 13.
Regarding claim 14, Herfort teaches a method for producing a cement comprising milled cement clinker and a supplementary cementitious material (see Herfort at [0021] teaching the present disclosure relates to a method of producing a cement comprising Portland cement clinker and a supplementary cementitious material). The Portland cement clinker is taken to meet the claimed milled cement clinker,
wherein the method comprises the steps of:
producing the milled cement clinker by a clinkerization process, comprising the steps of calcining and subsequently milling a limestone-based raw material (see Herfort at [0021] teaching the present disclosure relates to a method of producing a cement comprising Portland cement clinker). Portland cement is taken to meet the claimed recitation because Portland cement is a calcined and milled limestone-based raw material, as evidenced by Agico (see Agico at page 2, section cement production process, paragraph 2 evidencing the cement production processes mainly include raw material crushing and storage, raw material proportioning and grinding, clinker calcination, clinker grinding, cement packing… portland cement is the most widely used cement in our daily life… it is made from a variety of raw materials… limestone is the main one, accounting for 83% of the raw materials);
producing the supplementary cementitious material by calcining a raw material of the supplementary cementitious material at a temperature of less than 980oC (see Herfort at [0020] teaching the supplementary cementitious material comprises a heat treated clay material and an optionally heat treated carbonate material, wherein the clay material has been heat treated, and Hertfort at [0046] teaching heat treated clay material is calcined clay… the calcined clay has been calcinated at a temperature between 400o C and 900o C (see MPEP 2144.05(I)));
subsequently milling the calcined raw material of the supplementary cementitious material (see Herfort at [0066] teaching in yet another aspect, the present invention relates to a method of producing a cement comprising Portland cement clinker and a supplementary cementitious material… optionally any of the individual constituents may be ground separately before blending in which case each of the constituents); and
blending the milled cement clinker and the supplementary cementitious material (see Herfort at [0021] teaching a supplementary cementitious material comprising the steps of a) providing… a clay material, b) heating a mixture… and c) blending the mixture with a Portland cement clinker).
Hertfort does not explicitly teach i) wherein the raw material of the supplementary cementitious material has an average particle size of 1 to 300 mm, wherein at least 5 wt% of the particles have a particle size of above 4.75 mm.
Like Herfort, Fuchs teaches a method of producing a cement comprising calcined clay (see Fuchs at [0019] teaching a fine-grained clay material in two variants is obtained by an advantageous, synergistic combination of the physical and thermal treatment of a raw clay material (or: clay-containing raw material), which, when added to a… cement… brings about a surprising improvement in the properties with regard to the compressive strength of the set building material, in particular concrete, mortar or sand-lime brick, as well as with regard to the workability, in particular the cohesion, of the not yet set building material mixture, in particular the fresh concrete or wet mortar). Fuchs also teaches ii) firing the coarsely crushed raw clay material at firing temperatures in a temperature range of 650°C to 950°C (see Fuchs at [0020]), which overlaps with the calcination temperature between 400o C and 900o C as taught by Herfort (see Hertfort at [0046]).
Fuchs further teaches to produce a first variant of the fine-grained clay material, the method according to the invention is as follows: (i) coarse crushing, in particular breaking, of a raw clay material such that at least 90%... of the particles have a particle size of at most 100 mm… and/or that at least 90%... of the particles have a particle size of at least 1 mm (see Fuchs at [0020]). Raw clay material with a particle size of 1 mm to 100 mm meets the claimed “wherein the raw material of the supplementary cementitious material has an average particle size of 1 to 300 mm, wherein at least 5 wt% of the particles have a particle size of above 4.75 mm” (see MPEP 2144.05(I)).
Furthermore, Fuchs teaches this variant (referring to the first variant) is based, among other things, on the idea of firing a raw clay material that has only been coarsely crushed in a special way according to process step (i) at relatively low temperatures according to process step (ii)… during firing, reactive phases are formed in the relatively large clay particles due to the selected firing temperatures between 650°C and 950°C and due to the temperature gradients in the particles, and reactive phases already contained remain at least partially intact… this results in a reactive fine-grained mixture of materials during the subsequent fine comminution according to process step (iii) which has improved binding properties, which in particular lead to higher compressive strength… the physical coarse structure of the raw clay material to be fired in synergy with the specially selected firing temperatures produces the advantages mentioned (see Fuchs at [0021]).
As such, one of ordinary skill in the art would appreciate that Fuchs teaches that raw clay material with a particle size of 1 mm to 100 mm, calcined at temperatures between 650°C and 950°C results in a reactive fine-grained mixture of materials during the subsequent fine comminution which has improved binding properties leading to higher compressive strength, and seek those advantages by coarsely crushing with a particle size of 1 mm to 100 mm as taught by Fuchs the raw clay material in the supplementary cementitious material comprising a clay material as taught by Herfort before calcination.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to coarsely crush with a particle size of 1 mm to 100 mm as taught by Fuchs the raw clay material in the supplementary cementitious material comprising a clay material as taught by Herfort before calcination at temperatures between 650°C and 950°C so as to result in a reactive fine-grained mixture of materials during the subsequent fine comminution which has improved binding properties leading to higher compressive strength.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Hertfort in view of Gasafi, and as evidenced by Agico, Menshaz et al. (Characterization of metakaolin treated at different calcination temperatures, AIP Conf Prof, 2017) (“Menshaz” hereinafter), and RabidTables (Grey Color Code, 2018) (“RabidTables” hereinafter).
Alternatively, claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Hertfort in view of Menshaz and Gasafi, and as evidenced by Agico and RabidTables.
Regarding claim 15, Herfort teaches a cement comprising milled cement clinker and a supplementary cementitious material (see Herfort at [0020] teaching present disclosure… relates to a cement comprising Portland cement clinker and a supplementary cementitious material). Portland cement is taken to meet the claimed milled cement clinker because Portland cement is a calcined and milled raw material, as evidenced by Agico (see Agico at page 2, section cement production process, paragraph 2 evidencing the cement production processes mainly include raw material crushing and storage, raw material proportioning and grinding, clinker calcination, clinker grinding, cement packing… Portland cement is the most widely used cement in our daily life… it is made from a variety of raw materials… limestone is the main one, accounting for 83% of the raw materials);
from the method of claim 1 (this recitation is being treated as product-by-process limitation, because it is not seen to differ structurally from the applied prior art of Herfort in view of Gasafi or Herfort in view of Menshaz and Gasafi. MPEP states that "[e]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself…. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." (see MPEP § 2113.I));
wherein the supplementary cementitious material comprises an amorphous constituent of more than 30 wt% as measured by XRD (see Herfort at [0020] teaching the supplementary cementitious material comprises a heat treated clay material, see Herfort at [0046] teaching the heat treated clay material is calcined clay… the calcined clay has been calcinated at a temperature between 400oC and 900oC, and see Herfort at [0049] teaching the heat treated clay material is produced by heat treating the clay material separately from the other constituents of the supplementary cementitious material at a temperature sufficient to a) dehydroxylate the clay material to a chrystallographically amorphous material… the temperature at which these requirements are met may vary between clay materials but is generally between 400 and 900oC, see Herfort at [0036] teaching as used herein, the term "dehydroxylation" refers to the loss of one or more hydroxy (OH) groups as water (H2O) from clay minerals upon heating of a given clay material… for example, when heating the clay mineral kaolinite from 300 to 600oC water is lost, see Herfort at [0037] teaching the resulting metakaolinite… is accordingly a dehydroxylated material, see Herfort at [0038] teaching the term "substantially dehydroxylated" refers to a situation where, due to heat treatment, the clay minerals in the respective clay material have lost at least 70% (mol/mol) of their OH groups present before the heat treatment… the mineralogical composition of the clay material may be assessed by X-ray diffraction (XRD)). The calcined clay/metakaolin calcinated at a temperature between 400oC and 900oC is taken to meet the claimed wherein the supplementary cementitious material comprises an amorphous constituent. Additionally, calcined clay/metakaolin calcinated at a temperature between 400oC and 900oC is taken to meet the claimed an amorphous constituent of more than 30 wt% as measured by XRD as evidenced by Menshaz (see Menshaz at Abstract evidencing this disclosure presents the characterization of chemical and physical properties of metakaolin obtained via calcination of kaolin at three different temperatures (650oC, 750oC and 850oC), see Menshaz at page 3, paragraph 2 evidencing Table 2 shows the percentages of amorphous (glassy phase) in the pure kaolin and the three types of metakaolin using the X-ray powder diffraction process, see Menshaz at page 4 evidencing Table 2, also shown below). One of ordinary skill in the art would appreciate that as given in Table 2, the glassy phases in the kaolin, MK650, MK750 and MK850 were 65.90%, 79.41%, 81.86% and 82.17%, respectively, and the values clearly indicate that the calcination process increased the glassy phase. The respective amorphous/glass phase values 79.41%, 81.86% and 82.17% for metakaolin at calcination temperatures 650oC, 750oC and 850oC, overlaps with the claimed amorphous constituent of more than 30 wt% as measured by XRD (see MPEP 2144.05(I)); and
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wherein the supplementary cementitious material comprises less than 70 wt% of inert components selected from the group consisting of… feldspar (see Herfort at [0049] teaching the heat treated clay material is produced by heat treating the clay material separately from the other constituents of the supplementary cementitious material at a temperature sufficient to… b) prevent the formation of crystalline high temperature aluminosilicate phases such as mullite). The calcined clay/metakaolin calcinated at a temperature between 400oC and 900oC is taken to meet the claimed limitation, as evidenced by Menshaz (see Menshaz at page 2, paragraph 2 evidences that X-ray diffraction (XRD) instrument… was utilized to identify the main phases in kaolin and metakaolin, while the non-crystalline (glass phase) phase of kaolin and metakaolin was evaluated by X-ray powder diffraction… Equations 1, 2 and 3 were utilized to obtain the composition of glassy phase, crystalline phase and glassy SiO2, respectively of metakaolin produced by calcining kaolin at 650 ˚C, 750 ˚C and 850 ˚C, see Menshaz at page 3, paragraph 3 evidencing as given in Table 2, the glassy phases in the kaolin, MK650, MK750 and MK850 were 65.90%, 79.41%, 81.86% and 82.17%, respectively). One of ordinary skill in the art would appreciate that the crystalline phase would be about 17% to 19% (see Menshaz at Eqn 2 and Table 2), which is taken to meet the claimed wherein the supplementary cementitious material comprises less than 70 wt% of inert components.
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Additionally, Menshaz at page 5 evidences figure 1 highlights the X-ray diffraction patterns of both raw purified kaolin and also the calcined kaolin… according to the relative models as revealed, the samples contain mainly… feldspar), which is taken to meet the claimed inert components selected from the group comprising… feldspar.
Alternatively, Herfort does not explicitly teach wherein the supplementary cementitious material comprises an amorphous constituent of more than 30 wt% as measured by XRD, wherein the supplementary cementitious material comprises less than 70 wt% of inert components selected from the group consisting of mullite, spinel, feldspar, diopside, mica, or combinations thereof.
However, Herfort teaches the supplementary cementitious material comprises a heat treated clay material (see Herfort at [0020]), and the heat treated clay material is calcined clay… the calcined clay has been calcinated at a temperature between 400oC and 900oC (see Herfort at [0046]). Herfort also teaches the heat treated clay material is produced by heat treating the clay material separately from the other constituents of the supplementary cementitious material at a temperature sufficient to a) dehydroxylate the clay material to a chrystallographically amorphous material… the temperature at which these requirements are met may vary between clay materials but is generally between 400 and 900oC… b) prevent the formation of crystalline high temperature aluminosilicate phases such as mullite (see Herfort at [0049])… the term "dehydroxylation" refers to the loss of one or more hydroxy (OH) groups as water (H2O) from clay minerals upon heating of a given clay material… for example, when heating the clay mineral kaolinite from 300 to 600oC water is lost (see Herfort at [0036])… resulting metakaolinite… is accordingly a dehydroxylated material (see Herfort at [0037]). Herfort further teaches the term "substantially dehydroxylated" refers to a situation where, due to heat treatment, the clay minerals in the respective clay material have lost at least 70% (mol/mol) of their OH groups present before the heat treatment… the mineralogical composition of the clay material may be assessed by X-ray diffraction (XRD) (see Herfort at [0038]).
Like Herfort, Menshaz teaches calcined clay (see Menshaz at Abstract teaching this disclosure presents the characterization of chemical and physical properties of metakaolin obtained via calcination of kaolin at three different temperatures (650oC, 750oC and 850oC)).
Menshaz also teaches Table 2 shows the percentages of amorphous (glassy phase) in the pure kaolin and the three types of metakaolin using the X-ray powder diffraction process (see Menshaz at page 3, paragraph 2 and page 4, Table 2). One of ordinary skill in the art would appreciate that as given in Table 2, the glassy phases in the kaolin, MK650, MK750 and MK850 were 65.90%, 79.41%, 81.86% and 82.17%, respectively, and the values clearly indicate that the calcination process increased the glassy phase. The respective amorphous/glass phase values 79.41%, 81.86% and 82.17% for metakaolin at calcination temperatures 650oC, 750oC and 850oC, overlaps with the claimed amorphous constituent of more than 30 wt% as measured by XRD (see MPEP 2144.05(I)).
Menshaz further teaches that X-ray diffraction (XRD) instrument… was utilized to identify the main phases in kaolin and metakaolin, while the non-crystalline (glass phase) phase of kaolin and metakaolin was evaluated by X-ray powder diffraction… Equations 1, 2 and 3 were utilized to obtain the composition of glassy phase, crystalline phase and glassy SiO2, respectively of metakaolin produced by calcining kaolin at 650 ˚C, 750 ˚C and 850 ˚C (see Menshaz at page 2, paragraph 2). One of ordinary skill in the art would appreciate that the crystalline phase would be about 17% to 19% (see Menshaz at Eqn 2 and Table 2), which is taken to meet the claimed wherein the supplementary cementitious material comprises less than 70 wt% of inert components.
Moreover, Menshaz teaches it is clear that calcination of the kaolin increased the content of the major oxides contributing towards the pozzolanic property of the metakaolin… in addition, the calcination also raised the glassy or amorphous phase content in the metakaolin… hence, it can be inferred that the calcination or thermal treatment improved the chemical properties of the resulting metakaolin which will enhance its efficiency when used as supplementary cementitious material in concrete (see Menshaz at pages 6-7, section Conclusions).
As such, one of ordinary skill in the art would appreciate that Menshaz teaches that the amorphous phase content of about 80 wt% in the metakaolin/calcined clay enhance its efficiency when used as supplementary cementitious material in concrete, and seek those advantages by having an amorphous phase content of about 80 wt% in the metakaolin/calcined clay in the supplementary cementitious material comprising calcined clay as taught by Herfort.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have an amorphous phase content of about 80 wt% in the metakaolin/calcined clay as taught by Menshaz in the supplementary cementitious material comprising calcined clay as taught by Herfort so as to enhance its efficiency when used as supplementary cementitious material in concrete.
Herfort does not explicitly teach wherein the color of the cement in the range of 130-160, 130-160, 120-160, wherein the measurement of the cement color is conducted by a RGB2 colorimeter, wherein the colors are referenced to a RGB scale of 0 to 255.
Like Herfort, Gasafi teaches calcining the clay by thermal treatment in a furnace at a temperature of 600 to 1000o C (see Gasafi at [0013]). A temperature of 600 to 1000o C overlaps with the calcination temperature between 400o C and 900o C as taught by Herfort (see Hertfort at [0046]).
Gasafi further teaches in accordance with a preferred aspect of the disclosure, the intermediate cooling of the reduction product in step e) is effected under oxygen exclusion, since the color is preserved thereby… the grey color of the clay finds high acceptance on the market, as the concrete color is not impaired thereby (see Gasafi at [0023]). Grey color is taken to meet the claimed wherein the color of the cement in the range of 130-160, 130-160, 120-160, wherein the measurement of the cement color is conducted by a RGB2 colorimeter, wherein the colors are referenced to a RGB scale of 0 to 255, as evidenced by RabidTables (see RabidTables at page 1, evidencing grey RGB color code, shown table, ranging from rgb (105, 105, 105) to rgb (220, 220, 220)).
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Grey RGB color code, ranging from rgb (105, 105, 105) to rgb (220, 220, 220) overlaps with the claimed range of 130-160, 130-160, 120-160, wherein the measurement of the cement color is conducted by a RGB2 colorimeter, wherein the colors are referenced to a RGB scale of 0 to 255.
As such, one of ordinary skill in the art would appreciate that Gasafi teaches grey color of the clay finds high acceptance on the market, and seek those advantages by making the color of the calcined clay as taught by Herfort as gray.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to make the color of the calcined clay as taught by Herfort as gray as taught by Gasafi so as to find high acceptance on the market.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Herfort in view of Fuchs and Gasafi as applied to claim 1 above, and further in view of Menshaz.
Regarding claim 3, Herfort in view of Fuchs and Gasafi teaches the limitations as applied to claim 1 above, but Herfort in view of Fuchs and Gasafi do not explicitly teach wherein the calcining of the raw material of the supplementary cementitious material is conducted by heating the raw material at a heating rate of 200 oC/min or less to a distinct calcining temperature.
As mentioned, Herfort teaches the supplementary cementitious material comprises a heat treated clay material (see Herfort at [0020]), and the heat treated clay material is calcined clay… the calcined clay has been calcinated at a temperature between 400oC and 900oC (see Herfort at [0046]).
Like Herfort, Menshaz teaches calcined clay (see Menshaz at Abstract teaching this disclosure presents the characterization of chemical and physical properties of metakaolin obtained via calcination of kaolin at three different temperatures (650oC, 750oC and 850oC)).
Menshaz also teaches the metakaolin was obtained by calcining the pure kaolin at three different temperatures of 650°C, 750°C and 850°C with a heating rate of 10°C /min (see Menshaz at page 2, paragraph 2). Heating rate of 10°C /min overlaps with the claimed wherein the calcining of the raw material of the supplementary cementitious material is conducted by heating the raw material at a heating rate of 200 oC/min or less to a distinct calcining temperature (see MPEP 2144.05(I)).
Moreover, Menshaz teaches it is clear that calcination of the kaolin increased the content of the major oxides contributing towards the pozzolanic property of the metakaolin… in addition, the calcination also raised the glassy or amorphous phase content in the metakaolin… hence, it can be inferred that the calcination or thermal treatment improved the chemical properties of the resulting metakaolin which will enhance its efficiency when used as supplementary cementitious material in concrete (see Menshaz at pages 6-7, section Conclusions).
As such, one of ordinary skill in the art would appreciate that Menshaz teaches that calcination of kaolin/clay with a heating rate of 10oC/min produces amorphous phase content in the metakaolin/calcined clay that enhances its efficiency when used as supplementary cementitious material in concrete, and seek those advantages by calcining kaolin/clay with a heating rate of 10oC/min in the supplementary cementitious material comprising calcined clay as taught by Herfort.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to calcine kaolin/clay with a heating rate of 10oC/min as taught by Menshaz in the supplementary cementitious material comprising calcined clay as taught by Herfort because calcination produces amorphous phase content in the metakaolin/calcined clay that enhances its efficiency when used as supplementary cementitious material in concrete.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Herfort in view of Fuchs and Gasafi as applied to claims 1 and 19 above, and further in view of Ballan et al. (US 2012/0145042 A1) (“Ballan” hereinafter).
Regarding claim 20, Herfort in view of Fuchs and Gasafi teaches the limitations as applied to claims 1 and 19 above, but Herfort in view of Fuchs and Gasafi do not explicitly teach wherein the cooling is conducted with a cement cooler and/or a rotary heat exchanger to generate a cooler exhaust gas, wherein the cooler exhaust gas is returned up-stream to the process.
However, as mentioned, Gasafi teaches e) intermediate cooling… f) final cooling of the product (see Gasafi at [0015]-[0016]).
Like Gasafi, Ballan teaches cooling the calcined clay (see Ballan at [0006] teaching the disclosure broadly comprises breaking apart a raw clay material… calcining the clay, see Ballan at [0008] teaching the product from the calciner is collected… and the material is fed to a cooler where it is cooled, see Ballan at [0009] teaching the product from the cooler may then be introduced into one or more optional additional coolers, such as cyclone cooling system, for further cooling… the preheated gases from any additional cooler may be optionally directed to the calciner hot tertiary air). Cyclone cooling system is taken to meet the claimed “wherein the cooling is conducted with… a cement cooler”. The teaching- the preheated gases from any additional cooler may be optionally directed to the calciner hot tertiary air- is taken to meet the claimed “wherein the cooler exhaust gas is returned up-stream to the process”.
Ballan also teaches in recent years, a number of processes have gained prominence in the production of artificial pozzolan from the calcining of clay… the manufacture of artificial pozzolan requires lower temperatures and less energy than the production of cement clinker, and is therefore gaining importance among cement manufacturers for its lower cost of production, as well as the positive effects of producing lower emissions (particularly CO2) (see Ballan at [0002]).
It is within the ability of one skilled in the art, with the benefit of the teachings of Ballan to choose the appropriate cooler to generate a cooler exhaust gas, wherein the cooler exhaust gas is returned up-stream to the process, absent new and unexpected results, in the method as taught by Herfort in view of Fuchs and Gasafi because in recent years, a number of processes have gained prominence in the production of artificial pozzolan from the calcining of clay, and the manufacture of artificial pozzolan requires lower temperatures and less energy than the production of cement clinker, and is therefore gaining importance among cement manufacturers for its lower cost of production, as well as the positive effects of producing lower emissions (particularly CO2).
Response to Arguments
Applicant's arguments filed 07/29/2025 have been fully considered but they are not persuasive.
Applicant discusses Herfort employs naturally occurring clay materials as raw materials for the supplementary cementitious materials… however, such naturally occurring clay materials are usually milled before usage or at least have a broad particle size distribution and inter alia comprise a relatively high content of particles with a particle size of smaller than 0.1 mm… this relatively small particle size is accompanied with a huge surface area, which has the advantage that heat treatments results in an unwanted discoloration of the clay particles and the resulting cement… oxidation and unwanted discolorat